New Hampshire Mechanics Lien Guide And FAQs - Levelset

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Home Mechanics Liens – Overview, Guide & FAQ New Hampshire Mechanics Lien FAQsNew Hampshire Mechanics Lien Guide and FAQsFact-checked by the Levelset Legal Team Last updated July 24, 2024If contractors and suppliers don’t get paid on a construction project in New Hampshire, they can file a mechanics lien to secure payment. A mechanics lien is a legal tool that provides the unpaid party with a security interest in the property. This page breaks down the rules, requirements, and deadlines you need to follow to file a New Hampshire mechanics lien.

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New Hampshire lien law FAQs Best GCs in New Hampshire 5 essential things to know about New Hampshire mechanics liens New Hampshire Mechanics Lien statutes

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New Hampshire lien deadlines for:

Please Note: This section provides a quick-reference summary of deadlines and requirements only. For a comprehensive breakdown and complete details, refer to the FAQ section below.
  • Prime Contractors
  • Subs/Laborers
  • Suppliers/Others
Preliminary notice deadlines

None.

Send Your NoticeMechanics liens deadlines 120 days

Lien must be filed within 120 days of last providing labor or materials. However, in New Hampshire, the lien is not recorded prior to the legal action to enforce it so a lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court.

Enforcement deadlines 120 days

In New Hampshire, the lien is not recorded prior to the legal action to enforce it so a lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court in the same 120-day deadline as the lien itself.

Preliminary notice deadlines 30 days

Best Practice: Notice of lien rights served on owner prior to providing labor or materials.

Delivery of written account of labor and/or material furnished every 30 days (for the previous 30 days).

Send Your NoticeMechanics liens deadlines 120 days

Lien must be filed within 120 days of last providing labor or materials. However, in New Hampshire, the lien is not recorded prior to the legal action to enforce it so a lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court.

Enforcement deadlines 120 days

In New Hampshire, the lien is not recorded prior to the legal action to enforce it so a lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court in the same 120-day deadline as the lien itself.

Preliminary notice deadlines 30 days

Best Practice: Notice of lien rights served on owner prior to providing labor or materials.

Delivery of written account of labor and/or material furnished every 30 days (for the previous 30 days).

Send Your NoticeMechanics liens deadlines 120 days

Lien must be filed within 120 days of last providing labor or materials. However, in New Hampshire, the lien is not recorded prior to the legal action to enforce it so a lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court.

Enforcement deadlines 120 days

In New Hampshire, the lien is not recorded prior to the legal action to enforce it so a lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court in the same 120-day deadline as the lien itself.

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New Hampshire Mechanics Lien FAQs

Contractors, suppliers, property owners, construction lenders, and other vendors will encounter all kinds of lien-related paperwork and questions when working on New Hampshire construction jobs. Here are some of the common issues you may encounter, and answers written by construction attorneys and payment experts.

Lien FAQs

Who can file a New Hampshire Mechanics Lien?

In New Hampshire, general contractors, subcontractors, laborers, and material/equipment suppliers, are entitled to lien rights. Although there has not been case law on the issue, it seems likely that professional designers, engineers, and surveyors would also be entitled to mechanics lien protection. Sub-sub-subcontractors (likely) and suppliers to suppliers (definitely) do not have lien rights in New Hampshire. Equipment lessors are not specifically mentioned by New Hampshire statute, but it is likely that an equipment lessor would qualify for lien protection if he is within two tiers of the prime contractor.

When is the deadline to file a New Hampshire Mechanics Lien?

In New Hampshire, a mechanics lien must be recorded within 120 calendar days from the date of last furnishing labor or materials for the project.

Calculate your lien deadline

Do I need to send notice the Lien was recorded?

Yes. In New Hampshire, the lien is not recorded prior to the legal action to enforce it – the court steps in at the beginning of the process. In order to have a mechanics lien in New Hampshire, the lien claimant must file an Ex Parte Petition to Secure Mechanics Lien with the court. This may be done without notice of this action to the owner or other parties (Notice of Attempt to Lien must be given previously if lien claimant is not the general contractor). After the court grants the petition, the lien may be recorded, and a petition, order, and writ of attachment may be filed. Once the order has been signed by the court, and the lien has been recorded, the owner must be served personally by a process server.

Can I include Attorney's Fees, collection costs, or other amounts in the Lien total?

It depends. Generally, the lien amount is the unpaid contract amount. However, New Hampshire law is unsettled as to whether any or all of the following damages may be included: profit and overhead (if included in contract amount), interest, finance charges, attorney’s fees, court costs, and/or breach of contract (consequential) damages.

When is the deadline to enforce a New Hampshire Mechanics Lien, or, how long is my Lien effective?

In New Hampshire the action is initiated prior to the recording of the lien. The lien must be recorded within 120 days from the last date of furnishing labor or materials to the project, so the action should be initiated well before that date to ensure the court has a chance to see it prior to the recording deadline.

Will my New Hampshire Lien have priority over pre-existing mortgages or construction loans?

Generally, yes. Mechanics liens in New Hampshire have priority over all pre-recorded liens or other encumbrances other than a conventional mortgage or a tax lien. With regard to conventional mortgages, the “first in time” rule applies. That is, if the mortgage was recorded prior to the furnishing of labor or materials to the project, it has priority over subsequent mechanics liens. Also, with respect to construction mortgages, the mechanics lien will take precedence except to the extent that 1) the proceeds were disbursed to subcontractors or suppliers, or 2) there is an affidavit from the borrower a disbursement from the lender is for completed work, and all subcontractors and suppliers have been paid for their share of such work, or will be paid out of such disbursement.

Must the New Hampshire Lien include a legal property description?

No. New Hampshire requires that the ex parte petition include a “reasonably accurate description of the land improved.”

Must the New Hampshire Lien be notarized?

No. The documents must be filed in court and signed by the claimant or the claimant’s attorney.

Can I file a New Hampshire Lien if I'm unlicensed?

New Hampshire does not impose any licensing requirements on the ability to claim a mechanic’s lien. However, it is never advisable to perform work unlicensed if a license is required.

Can I file a New Hampshire Lien on a condominium project?

Yes, a mechanics lien may be filed against a project involving a condominium, provided the lien claimant would otherwise have valid mechanics lien rights.

Who cancels the New Hampshire Lien if/when I get paid?

In New Hampshire, if a mechanics lien is satisfied, the lien claimant will withdraw his court action.

What are the Lien Waiver Rules?

New Hampshire does not have statutory lien waiver forms; therefore, you can use any lien waiver form. Since lien waivers are unregulated, be careful when reviewing and signing lien waivers.

New Hampshire state law is unclear or silent about whether contractors and suppliers can waive their lien rights before any work on the project begins. Accordingly, you want to proceed with caution on this subject.

To learn more about lien waivers, see our New Hampshire Lien Waiver FAQs and Resources.

People are asking New Hampshire construction attorneys:

Am I still protected if I file my Preliminary Notice late in NH?

Thank you for reaching out. If your question is time-sensitive, it might be best to contact contact an attorney in your area directly at their office. Levelset provides a list of New Hampshire lawyers here: https://www.levelset.com/payment-help/experts/construction-lawyer/new-hampshire/

Who do we file the lien against?

You are correct - even if you were hired by someone other than the owner, the mechanics lien gets filed against the project property. Mechanics lien rights arise against the property that's improved, not against any specific individual or business. Levelset discusses some mechanics lien basics in further detail, here: How Do Mechanics Liens Work? 17 Ways a Lien Gets You Paid. For more New Hampshire mechanics lien specifics: New Hampshire Mechanics Lien Guide and FAQs.

How do I send a construction lien on a customer in New Hampshire and we are based In Massachusetts?

Contractors, subs, and suppliers can file a mechanics lien for work done in another state, regardless of where they're located. Note, though, that New Hampshire mechanics liens are unique - in order to establish a mechanics lien claim for a New Hampshire project, a lawsuit must generally be filed. So, hiring a New Hampshire construction attorney is wise, if not necessary, when a lien will be filed there. If you do intend to file a lien, one of these attorneys should be able to help: Find a New Hampshire Construction Lawyer. Also, note that the deadline to file a New Hampshire mechanics lien is generally 120 calendar days after last furnishing labor or materials to the project. So, if a few months have passed, it'd be wise to get that ball rolling sooner than later. Still, regardless of lien availability, other claims may be on the table - like breach of contract. And, sending the debt to collections could be yet another way to secure payment. For further discussion on New Hampshire's mechanics lien requirements: New Hampshire Mechanics Lien Guide and FAQs.

if a lien is put on my house does the lien accrude interest until it is paid off

A New Hampshire mechanics lien won't automatically generate interest all by itself, but that doesn't mean you won't be responsible for interest on late payments. If the contract calls for interest, then interest should be paid and will legally be required. Further, if the dispute is litigated, then it's absolutely possible that the court might award interest to the contractor. Finally, if you're negotiating with your contractor for the release of the lien, it's certainly possible that they'll demand interest on what they're owed. That makes a lot of sense, too - as a general rule of thumb, late payments draw interest, and a court could force you to pay interest if things came to that. So it's a logical ask, and it's probably something owners should consider paying when they're on the wrong end of a mechanics lien dispute. Until there's a judgment on the matter, though - everything's negotiable. And, it's up to you to decide whether you want to push back against claims for interest. Consulting a New Hampshire construction attorney should help determine the validity of the contractor's claims and they can also help guide negotiations. As a final note, this resource should be useful to you: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

I have filed a civil complaint with the court in my county, do I need to file a mechanics lien as well?

New Hampshire mechanics lien claims generally require filing an Ex Parte petition with the court. So, if you're already filing other legal claims based on the dispute, it should be pretty easy to also claim a mechanics lien in that process. And, your lawyer should be able to help in that process. However, filing other claims, without also intentionally pursuing a mechanics lien, won't create any security rights in the project property. If you're filing it on your own, or if you'd just like an example of what that filing might look like, this template may be useful: New Hampshire Mechanics Lien and Petition Form. For more info on New Hampshire lien rights: New Hampshire Mechanics Lien Overview.

In New Hampshire -- Can I file a lien if I'm a GC and I was hired by the tenant?

New Hampshire's mechanics lien statute doesn't provide much guidance regarding mechanics lien rights for tenant improvements. So, it seems as though NH will follow the general rule applicable in most states: Mechanics lien rights for tenant improvements will typically be limited to the tenant's interest in the property (i.e. a lien could be filed against the lease). Generally, the only time a lien will be available against the owner's interest in the property is if the owner is involved in the improvement in some way. So, if the lease requires that the tenant improve the property, or if the owner was involved in the project in some other way, then lien rights may be available against the owner's title, too. Levelset discusses that in detail, here: What Happens to Mechanics Lien Rights If My Project is a Tenant Improvement?

Recovering payment without filing a mechanics lien

There are a number of different ways to get paid without having to file a mechanics lien. For one, sending simple (but formal) invoice reminders may be enough to prod the customer into paying what's owed. Alternatively, turning up the heat some and threatening legal claims via a payment demand letter could lead to payment too. Or, sending a Notice of Intent to Lien to both the tenant and the owner might push the tenant to pay what's owed. Owners won't want to deal with mechanics lien claims against their property - and they can apply pressure on their tenant to pay their bills. Finally, even if a lien claim isn't the right recovery tool for you - traditional legal claims, small claims court, and sending the debt to collections could all lead to payment. And, consulting with a New Hampshire construction attorney could help to clear up what options make the most sense in your situation.

A customer refuses to pay for services we provided (exterior house painting and repair). Should we start with a liens notice?

When unpaid on a New Hampshire construction project, and when all requests for payment are being ignored, filing a mechanics lien can be a powerful step. And, because a mechanics lien is such a powerful tool, even the threat of a lien filing can be enough to compel payment. Let's look at (1) recovering payment without a mechanics lien, and (2) the process for filing a New Hampshire lien. Recovering payment without a lien First, it's worth mentioning that there are other ways to escalate a payment dispute - potentially leading to payment - other than first proceeding with a mechanics lien claim. When a customer refuses to talk it out, sending a demand letter might help to get payment talks going. A payment demand letter puts the recipient on notice that nonpayment is not an option, and that certain legal consequences will be in play if payment isn't made. More on that here: Demand Letters for Contractors – How To Write One That Gets You Paid. For disputes that have gotten a little more serious, sending a document like a Notice of Intent to Lien might do the trick, too. A Notice of Intent to Lien is a little more serious than a demand letter - it identifies a specific legal threat (a mechanics lien) and states that if payment isn't made, a mechanics lien is coming. So, it acts a bit like a warning shot. Plus, if payment still isn't made, a claimant can always proceed with their lien claim. But, with a Notice of Intent to Lien, at least there's an opportunity to avoid having to file a mechanics lien. More on that here: What Is a Notice of Intent to Lien and Should You Send One?. Note that, often, a Notice of Intent to Lien will demand payment be made within 10 days (or some other time period) or else a lien will be filed. Though, this is not a statutory timeframe - and a claimant will not have to send a Notice of Intent to Lien then wait 10 days if that's not how they'd like to proceed. Filing a New Hampshire mechanics lien Unlike the vast majority of other states, filing a New Hampshire mechanics lien means filing a lawsuit. Thus, it's a good idea to hire an attorney if a mechanics lien must be filed - and it may even be required. I'm not aware of a 10 day waiting period between filing a lien and filing suit - but, admittedly, I don't have experience filing a New Hampshire mechanics lien/lawsuit. However, some other online resources I've found don't seem to mention a 10 day notice period, either. Here are some online resources that might be helpful when determining how to proceed with a New Hampshire lien filing: (1) New Hampshire Court Service Center Guide to Mechanics Liens and Attachments (2) Mechanics Lien Boot Camp by Nelson, kinder, Mosseau & Saturley, PC (starting around page 17) But again - considering a New Hampshire mechanics lien entails a lawsuit, it would be wise to consult with a local construction attorney before proceeding, and it may even be necessary.

Are we liable for a Mechanic lien that never really was?

Mechanics liens are generally available for authorized work provided to improve real property. When work isn't authorized, and when work isn't actually performed, a valid and enforceable mechanics lien typically cannot be filed. While design professionals may be entitled to file a mechanics lien - the work must still be authorized in order for lien rights to arise. Note, though, that even in a situation where a filed lien would end up being invalid or unenforceable - a mechanics lien could actually be filed. Recorders offices typically have neither the authority nor the bandwidth to investigate each claim that's made. Though, if a lien is improperly filed, an owner can always challenge that filing. Here are some resources I think will be valuable: (1) I Just Received a Notice of Intent to Lien – What Should I Do Now? (2) A Mechanics Lien Was Filed on My Property – What Do I Do Now?

On a contractor lien paper where it says " the plaintiff petions for permission to make the following attachments without prior notice to the defendant in a civil action returnable on ________, 20_______" What would this date be?

We are sorry to hear about any confusion. The lien claim process in New Hampshire is twofold. Filing the lien claim and then petitioning the court for an Attachment to Secure a Mechanics Lien. This second step seems to be where you are having problems. In an attempt to simplify the process here is a link to an alternative form provided by the New Hampshire Judicial Branch along with filing instructions. We would like to add that petitioning the court is a legal action, and it is always recommended to secure a construction lawyer to file any legal actions. While some individuals may represent themselves, if someone is filing on behalf of a corporation or LLC (with the exception of sole-proprietorships), a majority of these cases, a lawyer will be needed to go to court. For more information visit New Hampshire Lien & Notice Overview.

I do construction in New Hampshire and am not liscensed as New Hampshire has no liscense required by teh state. Am I able to file a lein on a proerty of a customer who is refusing to pay upon cpompleetion of the job?

That's a good question. First, before deciding whether or not to file a mechanics lien, it's important to determine whether there any notice requirements must be fulfilled prior to a lien filing. In New Hampshire, in order to preserve the right to lien, parties hired by someone other than the owner must send a Notice of Lien Rights to the owner. While there's no deadline for this notice, a lien claimant will only preserve the right to lien amounts that are owed by the owner but not yet paid at the time the notice is sent. That means it's generally a good idea to send it as early as possible - the later it's sent the less effective it will be. Anyway, assuming the right to lien has been preserved (if necessary), a mechanics lien acts as great tool to force payment. In New Hampshire, GCs, subcontractors, laborers, and material/equipment suppliers who have provided construction labor and/or materials to a project are all entitled to mechanics lien rights. Before filing a lien, though, many claimants have found that sending a document like a Notice of Intent to Lienn can be helpful in compelling payment - and sending one can actually help prevent the need for a lien filing. A Notice of Intent to Lien essentially acts as a warning. It states that, if payment isn't made soon, then the sender will file a mechanics lien. Considering the drastic nature of lien claims, most owners and contractors will want to avoid a lien filing - so sending a Notice of Intent to Lien to a nonpaying customer as well as any other party up the chain (including an owner) can often put pressure on a customer to make payment. Plus, if it's ineffective, a claimant can still proceed with a lien filing, as long as the lien deadline has not yet passed. In New Hampshire, that lien filing deadline is 120 calendar days from the date of last furnishing labor or materials for the project. Thus, this presents plenty of time for a claimant to pursue recovery through negotiations or a Notice of Intent to Lien, and plenty of time to prepare a lien claim before that 120 day mark, if necessary. Finally, this New Hampshire Mechanics Lien and Notice FAQ page should be helpful.

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5 essential things to know about New Hampshire mechanics liens

Contractors & suppliers have strong lien rights in New Hampshire. If a contractor or supplier isn’t paid on an New Hampshire job, they can turn to filing a lien to speed up payment and protect themselves. However, there are specific requirements and rules that must be followed.  Here are 5 essential things you need to know about New Hampshire’s mechanics lien law.

Most project participants are eligible

In New Hampshire, mechanics lien law states that general contractors, subcontractors, laborers, and material/equipment suppliers, are entitled to mechanics lien rights. In contrast, sub-sub-subcontractors (likely) and suppliers to suppliers (definitely) do not have rights.

Though not mentioned explicitly by statute, equipment lessors (within 2 tiers of the general contractor) probably have mechanics lien rights. Prior to January, the law was fuzzy on whether or not professional designers (architects and engineers) could file a New Hampshire mechanics lien, but after a recent amendment, it has been determined that they do have that right.

A mechanics lien in New Hampshire is not required to be notarized.

The deadline is simple

The deadline to file a mechanics lien in New Hampshire is 120 days from the date that a project participant last contributed labor or materials.

It's important to be timely when filing preliminary notice

Preliminary notice is required for all project participants not in direct contact with the property owner. Though there is no mandatory deadline for sending preliminary notice, the earlier the better! Because the lien is only worth the amount the property owner owes the general contractor at the time preliminary notice is served sending the notice early is crucial. The Preliminary notice is not required to be sent by any particular method, but since proof of delivery should be obtained, sending via certified mail with return receipt requested may be advisable.

New Hampshire may allow some fees to be included in the lien

In most states, a mechanics lien consists of the unpaid contract amount. However, in New Hampshire, it’s unsettled as to whether mechanics liens may include profit and overhead (if included in contract amount), interest, finance charges, attorney’s fees, court costs, breach of contract (consequential) damages. The law here is unclear so it is not guaranteed.

Mechanics liens usually take priority, but there are some exceptions

New Hampshire mechanics liens generally have priority over pre-existing liens and other encumbrances. The two instances where mechanics liens may not take priority are a tax lien or a pre-recorded conventional mortgage.

Conventional mortgages take precedence when:

– The mortgage was recorded prior to the project participant providing labor or materials

– Proceeds were given to subcontractors and suppliers

– There is an affidavit from the borrower, a disbursement from the lender is for completed work, and all subcontractors and suppliers have been paid for their share of such work, or will be paid with the disbursement

Sending a Notice of Intent can push for payment before a Mechanics Lien is needed

New Hampshire's Mechanics Lien Statutes

The provisions of the New Hampshire statutes that permit the filing of mechanics liens and materialman’s liens can be found in New Hampshire’s Construction Lien Law, N.H. Rev. Stat. T. XLI, Ch. § 447:2 et. seq. The full text of the New Hampshire Construction Lien Law is provided below. Updated as of May 2023.

§ 447:2. Buildings, etc.

I. If any person shall perform labor, provide professional design services, or furnish materials to the amount of $15 or more for erecting or repairing a house or other building or appurtenances, or for building any dam, canal, sluiceway, well or bridge, or for consumption or use in the prosecution of such work, other than for a municipality, by virtue of a contract with the owner thereof, he or she shall have a lien on any material so furnished and on said structure, and on any right of the owner to the lot of land on which it stands.

II. In this section, “professional design services” means any services provided by a licensed architect, licensed landscape architect, licensed engineer, permitted septic designer, certified wetland scientist, certified soil scientist, or licensed land surveyor that is directly related to the improvement of real property.

§ 447:3. Brick

If a person shall perform labor or furnish materials or fuel to the amount of $15 or more for the making of brick, by virtue of a contract with the owner thereof, he shall have a lien upon said materials and fuel and upon the brick with the kiln containing said brick, for such labor, materials or fuel. Said lien shall continue for 90 days after said brick are burned, and may be secured by attachment as provided in RSA 447:10.

§ 447:4. Lumber, etc.

If a person shall, by teams or machinery, perform labor or furnish supplies to the amount of $15 or more toward rafting, driving, cutting, hauling, sawing or drawing wood, bark, lumber or logs, or toward cooking or hauling supplies in aid of such labor, by virtue of a contract with the owner of the wood, bark, lumber or logs, he or she shall have a lien thereon for such labor or supplies.

§ 447:5. Subcontractors

If a person shall perform labor, provide professional design services as defined in RSA 447:2, or furnish materials to the amount of $15 or more for any of the purposes specified in RSA 447:2, 447:3 and 447:4 and in RSA 453, by virtue of a contract with an agent, contractor or subcontractor of the owner, the person shall have the same lien as provided in said sections, provided, that he or she gives notice in writing to the owner or to the person having charge of the property that he or she shall claim such lien before performing the labor or furnishing the material for which it is claimed.

§ 447:6. Notice

Such notice may be given after the labor is performed, the professional design services are provided, or the material is furnished, and said lien shall be valid to the extent of the amount then due or that may thereafter become due to the contractor, agent or subcontractor of the owner. The account required under RSA 447:8 may also be given at the time said notice is given.

§ 447:7. Railroads

If a person shall perform labor, provide professional design services, or furnish materials to the amount of $15 or more, in the grading, masonry, bridging or track-laying of a railroad, under a contract with an agent, contractor or subcontractor of the proprietors thereof, the person shall have a lien upon the railroad and the land upon which it is constructed; provided, that he or she gave notice in writing to such proprietors, or to the person having charge of the railroad, that he or she should claim such lien before performing the labor, providing the services, or furnishing the materials for which it is claimed.

§ 447:8. Account

Any person giving notice as provided in RSA 447:5-7 shall, as often as once in 30 days, furnish to the owner, or person having charge of the property on which the lien is claimed, an account in writing of the labor performed, professional design services provided, or materials furnished during the 30 days; and the owner or person in charge shall retain a sufficient sum of money to pay such claim, and shall not be liable to the agent, contractor or subcontractor therefor, unless the agent, contractor or subcontractor shall first pay it.

§ 447:9. Duration

The lien created by RSA 447:2-7, inclusive, shall continue for 120 days after the services are performed, or the materials, supplies or other things are furnished, unless payment therefor is previously made, and shall take precedence of all prior claims except liens on account of taxes.

§ 447:10. How Secured

Any such lien may be secured by attachment of the property upon which it exists at any time while the lien continues, the writ and return thereon distinctly expressing that purpose.

§ 447:11. Precedence

Such attachment shall have precedence over all lien claims for labor, professional design services, materials, or other things done or furnished after the attachment was made, except the same were done or furnished in the performance of a contract existing when the attachment was made, or were necessary for the preservation of the property attached.

§ 447:12. Share Pro Rata

Except as provided in RSA 447:11, all such attaching lien creditors shall share pro rata in accordance with the amounts of their respective lien judgments in the property attached or in its proceeds.

§ 447:12-a. Attachment Priority

Such attachment shall have precedence and priority over any construction mortgage. For the purposes of this section, a construction mortgage shall mean any mortgage loan made for the purpose of financing the construction, repair or alteration of any structure on the mortgaged premises where the lien secured by such attachment arises from the same construction, repair or alteration work. However, such attachment shall not be entitled to precedence as provided in this section to the extent that the mortgagee shows that the proceeds of the mortgage loan were disbursed either toward payment of invoices from or claims due subcontractors and suppliers of materials or labor for the work on the mortgaged premises, or upon receipt by the mortgagee from the mortgagor or his agent of an affidavit that the work on the mortgaged premises for which such disbursement is to be made has been completed and that the subcontractors and suppliers of materials or labor have been paid for their share of such work, or will be paid out of such disbursement. A mortgagee shall not knowingly accept a fraudulent affidavit, and shall encourage and promote the practices outlined in RSA 447:12-b. Any agreement waiving the precedence provided by this section shall be enforceable only upon like showing by the mortgagee. The precedence provided by this section shall not apply to wage claims of employees working for wages under an employer-employee relationship, as defined in RSA 275:42. A mortgagor or his agent making a willfully false affidavit under this section shall be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person.

§ 447:12b. Additional Responsibilities; Construction Mortgages

I. Within 10 business days of the execution of a construction mortgage, including any refinancing thereof, the mortgagor or his agent shall post in a conspicuous place on the jobsite for which the construction funds were secured, the name, address and telephone number of the institution providing the construction funds.

II. Any person entitled to a lien pursuant to RSA 447:2-7 shall, within 15 business days of the posting required in paragraph I or of commencing to furnish services, materials, supplies or other things, whichever is later, provide written notice to the institution providing the construction funds that such person is furnishing services, materials, supplies or other things. The written notice provided under this paragraph shall include the name and address of the jobsite. Failure to provide the notice required by this paragraph shall not alone invalidate the lien created by RSA 447:2-7.

III. [Repealed.]

IV. In the event that a written contract between the mortgagor or his agent and any person furnishing services, materials, supplies or other things shall provide that the disbursement of construction funds, a portion of which is intended to pay such person, shall be by a 2-party check, the mortgagor or his agent shall transmit a copy of such agreement to the mortgagee. Upon receipt of a copy of such written agreement, the mortgagee shall subsequently disburse funds intended in part to pay any such person only by a check made payable to the mortgagor or his agent and such person. Unless otherwise agreed by the mortgagor and mortgagee, disbursements shall be made only for actual work completed and materials consumed on the jobsite for which the construction funds were secured.

§ 447:13. Boomage

If logs are attached, the officer making the attachment may pay the boomage thereon, if any, and return the amount so paid on the writ, and it shall be included in the costs recovered.

§ 447:14. Taking a Note

No lien shall be defeated by taking a note, unless it was taken in discharge of the amount due and of the lien.

§ 447:15. State Work

The liens given by RSA 447:5-14, inclusive, shall attach to any money due or to become due from the state or from any political subdivision thereof by virtue of any contract for any public work or construction, alteration, or repair, in the performance of which contract the lienor participated by performing labor, providing professional design services, or furnishing materials or supplies. Such liens shall not attach, however, unless filed within 90 days after the completion and acceptance of the project by the contracting party, whether such contracting party is the state or any political subdivision of the state.

§ 447:16. Bond Required

Officers, public boards, agents or other persons who contract in behalf of the state or any political subdivision thereof for the construction, repair or rebuilding of public buildings, public highways, bridges or other public works shall if said contract involves an expenditure of $75,000 in behalf of the state or $125,000 in behalf of a political subdivision, and may if it involves an expenditure of less amount, obtain as a condition precedent to the execution of the contract, sufficient security, by bond or otherwise, in an amount equal to at least 100 percent of the contract price, or of the estimated cost of the work if no aggregate price is agreed upon, conditioned upon the payment by the contractors and subcontractors for all labor performed or furnished, for all equipment hired, including trucks, for all material used and for fuels, lubricants, power, tools, hardware and supplies purchased by said principal and used in carrying out said contract, and for labor and parts furnished upon the order of said contractor for the repair of equipment used in carrying out said contract.

§ 447:16-a. Repealed

[Repealed]

§ 447:17. Notice

To obtain the benefit of the bond, any person, firm or corporation having any claim for labor performed, materials, machinery, tools, or equipment furnished as aforesaid shall, within 90 days after the completion and acceptance of the project by the contracting party, file in the office of the secretary of state, if the state is a contracting party, or with the department of transportation, if the state is a party to said contract by or through said department, or with the department of administrative services, if the state is a party to said contract by or through said department, or in the office of the clerk of the superior court for the county within which the contract shall be principally performed, if any political subdivision of the state is a contracting party, a statement of the claim, a copy of which shall forthwith be sent by mail by the office where it is filed to the principal and surety.

§ 447:18. Petition and Hearing

Said claimant shall, within one year after filing such claim, file a petition in the superior court for the county within which the contract shall be principally performed to enforce his claim or intervene in a petition already filed, with copy to the principal and surety, and such further notice as the court may order. Such petition shall contain an allegation of the nature and subject matter of the claim or contract or indebtedness relied upon, of the execution and delivery of the bond, and of the facts showing compliance by the claimant with the provisions of RSA 447:17 and this section relative to the filing of said claim. Subsequent pleadings may thereafter be filed by any party in interest for the purpose of formulating issues under the direction of the court. The court shall examine all claims which have been duly filed in accordance herewith, and fix a date for hearing thereon, with notice to all creditors who have filed claims as herein provided, and to the principal and surety or sureties, and find the respective amounts due such party claimants and their rights to participate in the security and make such orders and decrees as justice may require. The court may require at any hearing on said claims the attendance of any official with whom claims have been filed, with such claims, or require such official to furnish a copy of such claims for the use of the court.

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